A legislation offering a reformation window or amnesty program for individuals who have committed certain actions serves various purposes and can have several potential benefits.
For the past three years, Ghana a notorious religious secular country has been preoccupied with the discussion concerning the rights of persons who engage in same sex marriages particularly due to introduction of a bill by some seven Members of Parliament to regulate the act in the country.
While Sam Nartey George, the bill’s principal sponsor, contends that homosexuality is a lifestyle choice rather than a human right, Human rights groups like Rightify Ghana argues that the bill violates fundamental LGBTQ rights and impedes the advancement of HIV/AIDS initiatives.
Amidst the unending conversation on the appropriateness of the bill, the Member of Parliament for North Dayi Constituency in the Volta Region and one of the sponsors of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021, Rockson-Nelson Defeamekpor has defended the legislation of the bill and argue that the bill does not seek to imprison persons found guilty of homosexual or gayism.
In a strong defense to the bill, the opposition National Democratic Member of Parliament indicated that the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 when passed would rather discourage persons to involve in the act of homosexual or gayism.
According to Mr Defeamekpor, the intention of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 is to ensure and promote reforms among persons in the LGBTQ+ community.
“Nobody is intending to imprison anybody with this bill. It is a conduct that we think that we should check as a sovereign people.”
Rockson Nelson Dafeamekpor
Again, reacting to the Constitutional and Legal Affairs Committee of Parliament’s recommendation for a jail term of up to 3 years without suggesting a minimum sentence for the culprit of homosexual or gayism, the North Dayi Member of Parliament affirmed his support for the provision of a lower limit by the bill.
He argued that Parliament must make provision in the legislation of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 that would provide non-custodial sentences for certain aspect of the conduct of the LGBTQ+ community.
“The legislation we are considering, which would lead to an enactment, involves certain aspects of conduct that we need to proscribe, and not all of them should necessarily lead to custodial sentences. Regarding the minimum, which became a point of contention on the floor, it means the court wouldn’t have the discretion to even caution someone and discharge them after they have been convicted. However, the intention of this legislation is not necessarily to imprison people”.
Rockson Nelson Dafeamakpor
Moreover, the North Dayi Legislator emphasized that the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 is drafted in way that provides the court the opportunity to spare culprits of homosexual or gay act to change their ways if found guilty by the court.
Mr Dafeamakpor thus called on the various stakeholders interested on the issues and the rights of the LGBTQ+ community, particularly international organizations to appreciate the focus and objectives of the bill and support it.
“There would be circumstances where, after a successful prosecution and conviction, the court may be inclined, depending on the peculiarity of the case and the applicable law, to merely caution the person to go and be of good conduct”.
Rockson Nelson Dafeamakpor
